Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific halibut and red king crab,

[Federal Register: June 3, 1999 (Volume 64, Number 106)]

[Rules and Regulations]

[Page 29809-29810]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03jn99-16]

[[Page 29809]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 052499E]

Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Rate Standards for the Second Half of 1999

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Pacific halibut and red king crab bycatch rate standards; request for comments.

SUMMARY: NMFS announces Pacific halibut and red king crab bycatch rate standards for the second half of 1999. Regulations that implement the vessel incentive program require publication of these bycatch rate standards for trawl vessel operators who participate in the Alaska groundfish trawl fisheries. The intent of this action is to reduce prohibited species bycatch rates and promote conservation of groundfish and other fishery resources.

DATES: Effective 1201 hours, Alaska local time (A.l.t.), July 1, 1999, through 2400 hours, A.l.t., December 31, 1999. Comments on this action must be received at the following address no later than 4:30 p.m., A.l.t., June 28, 1999.

ADDRESSES: Comments should be mailed to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel; or be delivered to 709 West 9th Street, Federal Building, Room 401, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION:

NMFS manages the domestic groundfish fisheries in the exclusive economic zone of the Bering Sea and Aleutian Islands management area (BSAI) and Gulf of Alaska (GOA) according to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery Management Council (Council) prepared the FMPs under the authority of the Magnuson-Stevens Fishery Conservation and Management Act and are implemented by regulations governing the U.S. groundfish fisheries at 50 CFR part 679.

Regulations at Sec. 679.21(f) implement a vessel incentive program to reduce halibut and red king crab bycatch rates in the groundfish trawl fisheries. Under the incentive program, operators of trawl vessels may not exceed Pacific halibut bycatch rate standards specified for the BSAI and GOA midwater pollock and ``other trawl'' fisheries, and the BSAI yellowfin sole and ``bottom pollock'' fisheries. Vessel operators also may not exceed red king crab bycatch standards specified for the BSAI yellowfin sole and ``other trawl'' fisheries in Bycatch Limitation Zone 1 (defined in Sec. 679.2). The fisheries included under the incentive program are defined in regulations at Sec. 679.21(f)(2).

Regulations at Sec. 679.21(f)(3) require that halibut and red king crab bycatch rate standards for each fishery included under the incentive program be published in the Federal Register. The standards are in effect for specified seasons within the 6-month periods of January 1 through June 30, and July 1 through December 31. For purposes of calculating vessel bycatch rates under the incentive program, 1999 fishing months were specified in the Federal Register on November 25, 1998 (63 FR 65129).

Halibut and red king crab bycatch rate standards for the first half of 1999 also were published in the Federal Register (63 FR 65129, November 25, 1998). As required by Sec. 679.21(f)(3) and (4), the Administrator of the Alaska Region, NMFS (Regional Administrator), has established the bycatch rate standards for the second half of 1999 (July 1 through December 31). These standards were endorsed by the Council at its April 1999 meeting and are set out in Table 1. As required by Sec. 679.21(f)(4), bycatch rate standards are based on the following information:

(A) Previous years' average observed bycatch rates;

(B) Immediately preceding season's average observed bycatch rates;

(C) The bycatch allowances and associated fishery closures specified under Secs. 679.20 and 679.21;

(D) Anticipated groundfish harvests;

(E) Anticipated seasonal distribution of fishing effort for groundfish; and

(F) Other information and criteria deemed relevant by the Regional Administrator.

TABLE 1-- BYCATCH RATE STANDARDS BY FISHERY FOR THE SECOND HALF OF 1999

FOR PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND GOA (Halibut bycatch rate standards kilograms (kg) of halibut/metric ton (mt) of groundfish catch)

Fishery

1999 bycatch rate standard

BSAI Midwater pollock

1.0 BSAI Bottom pollock

5.0 BSAI Yellowfin sole

5.0 BSAI Other trawl

30.0 GOA Midwater pollock

1.0 GOA Other trawl

40.0 Zone 1 red king crab bycatch rate standards (number of crabs/mt of groundfish catch) BSAI yellowfin sole

2.5 BSAI Other trawl

2.5

Bycatch Rate Standards for Pacific Halibut

The halibut bycatch rate standards for the 1999 trawl fisheries are unchanged from those implemented in 1998. The Regional Administrator based standards for the second half of 1999 on anticipated seasonal fishing effort for groundfish species and on 1994-1998 halibut bycatch rates observed in the trawl fisheries included under the incentive program. In determining these bycatch rate standards, the Regional Administrator considered the annual and seasonal bycatch specifications for the BSAI and GOA trawl fisheries (64 FR 12103, March 11, 1999, and 64 FR 12094, March 11, 1999, respectively). He further recognized that directed fishing for Pacific cod for the inshore

[[Page 29810]]

component in the Western and Central Regulatory Areas of the GOA is closed for the remainder of the year. The GOA shallow-water and deep- water trawl fishery species complexes will reopen on July 4 when the third seasonal apportionment of the halibut bycatch limit established for the GOA trawl fisheries becomes available. In the Bering Sea, the rockfish and rock sole/flathead sole/other flatfish fishery categories will open or reopen on July 4 when seasonal apportionments of halibut bycatch allowances specified for these fisheries become available. The BSAI Pacific cod trawl fishery is closed for the remainder of the year. The BSAI yellowfin sole fishery is ongoing, and no closure has yet been projected due to crab or halibut bycatch. The Regional Administrator also considered the August 1 opening date of the 1999 Bering Sea pollock ``B'' season (Sec. 679.23(e)(2)) and the Gulf of Alaska third and fourth season pollock fisheries (Sec. 679.23(d)(2)). The halibut bycatch rate standards for the BSAI yellowfin sole and ``bottom pollock'' trawl fisheries are each set at 5 kg of halibut per metric ton (mt) of groundfish. These standards approximate the average annual rates observed on trawl vessels participating in these fisheries since 1992. The halibut bycatch rate standard for the BSAI and GOA midwater pollock fisheries (1 kg of halibut/mt of groundfish) is higher than the bycatch rates normally experienced by vessels participating in these fisheries. This standard is intended to encourage vessel operators to maintain off-bottom trawl operations and limit further bycatch of halibut in the pollock fishery when halibut bycatch restrictions at Sec. 679.21 prohibit directed fishing for pollock by vessels using non- pelagic trawl gear. A bycatch rate standard of 30 kg halibut/mt of groundfish is established for the BSAI ``other trawl'' fishery. This standard has remained unchanged since 1992. A bycatch rate standard of 40 kg of halibut/mt of groundfish is established for the GOA ``other trawl'' fishery, which is unchanged since 1994. The considerations that support these bycatch rate standards for the ``other trawl'' fisheries are unchanged from previous years and are discussed in the Federal Register publications of 1995 bycatch rate standards (60 FR 2905, January 12, 1995, and 60 FR 27425, May 24, 1995). Observer data collected from the 1998 GOA ``other trawl'' fishery show average third and fourth quarter halibut bycatch rates of 38 and 58 kg of halibut/mt of groundfish, respectively. The first quarter rate from 1999 was lower, at 32 kg of halibut/mt of groundfish. Observer data from the 1998 BSAI ``other trawl'' fishery show third and fourth quarter halibut bycatch rates of 12 kg of halibut/mt of groundfish. The first quarter rate from the 1999 BSAI ``other trawl'' fishery was 14 kg of halibut/mt of groundfish.

Bycatch Rate Standards for Red King Crab

The red king crab bycatch rate standard for the yellowfin sole and ``other trawl'' fisheries in Zone 1 of the Bering Sea subarea is 2.5 crab/mt of groundfish during the second half of 1999. This standard has remained unchanged since 1992. Through May 8, 1999, the rock sole/ flathead sole/other flatfish fishery category had taken 60 percent of its annual red king crab bycatch allowance. The Pacific cod and yellowfin sole fisheries have taken 51 percent and 4 percent, respectively, of their bycatch allowances. The Regional Administrator anticipates that the non-pelagic trawl gear closure of the red king crab savings area in Zone 1 will continue to result in low red king crab bycatch rates for the remainder of the year and is maintaining the 2.5 red king crab/mt of groundfish bycatch rate standard.

The Regional Administrator has determined that Council recommendations for bycatch rate standards are appropriately based on the information and considerations necessary for such determinations under Sec. 679.21(f). Therefore, the Regional Administrator concurs in the Council's determinations and recommendations for halibut and red king crab bycatch rate standards for the second half of 1999, as set forth in Table 1. These bycatch rate standards may be revised and published in the Federal Register when deemed appropriate by the Regional Administrator, pending his consideration of the information set forth at Sec. 679.21(f)(4).

Classification

This action is taken under 50 CFR 679.21(f) and is exempt from OMB review under E.O. 12866.

Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.

Dated: May 27, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-14044Filed5-28-99; 4:31 pm]

BILLING CODE 3510-22-F

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